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Posts Tagged ‘Federal Criminal Defense’

A Typical Bankruptcy Fraud Fact Pattern

North Myrtle Beach hot dog vendor guilty of bankruptcy fraud | SCNow

COLUMBIA – United States Attorney William N. Nettles stated that Anthony Randall Simmons, age 44, of North Myrtle Beach, pled guilty in federal court in Florence to bankruptcy fraud, a violation of Title 18, United States Code, Section 152(1).

United States District Judge R. Bryan Harwell accepted the plea and will sentence Simmons after he has reviewed a pre-sentence report which will be prepared by the U.S. Probation Office.

Evidence established that Simmons filed for bankruptcy in April 2007, and was required under federal law to list all of his assets and the value for each.

Simmons listed as an asset a hot dog stand he operated in North Myrtle Beach, valuing it at $1,500.00.

However, while his bankruptcy was still pending, he sold the business for $95,000.00.

Nettles stated the maximum penalty Simmons can receive is a fine of $250,000.00 and imprisonment for five years.

Georgia Bank Officials Indicted for Bank Fraud, Conspiracy & Bribery

Integrity Bank execs, developer indicted – Atlanta Business Chronicle:

Two former executives and a borrower of the failed Integrity Bank of Alpharetta, Ga., were indicted in federal court on fraud charges related to more than $80 million in hotel loans, the U.S. Attorney’s Office in Atlanta said Friday.

The case involves a series of fraudulent loans, much of it allegedly funneled by the borrower, hotel developer Guy Mitchell, 50, of Coral Gables, Fla., to personal accounts to buy such things as a private island in the Bahamas.

The case also includes charges of insider trading by former bank executives Douglas Ballard and Joseph Todd Foster.

Mitchell and Ballard, 40, of Atlanta, are charged with bank fraud, conspiracy and bribery. Ballard is also charged with evasion of reporting requirements and securities fraud. Foster also faces with securities fraud charges.

Alcoa Being Investigated for Violation of Foreign Corrupt Practices Act

On Alcoa and Bahrain, the FCPA Investigation Du Jour: – Law Blog – WSJ

The Foreign Corrupt Practices Act. Learn it, live it, love it. Because it appears it’s here to stay.

The latest in a growing list of high-profile foreign bribery cases involves metals giant Alcoa and the Persian Gulf state Bahrain. According to this story out Tuesday, written by the WSJ’s Amir Efrati, US and UK prosecutors are investigating a prominent Canadian businessman for money laundering and bribery as part of a two-year investigation centering on Alcoa.

According to the story, the prosecutors have unearthed new documents that they believe show the involvement of Victor Dahdaleh, a longtime agent of Alcoa who helped negotiate contracts with companies in the Middle East and elsewhere.

No charges have been filed against Dahdaleh, a Canadian citizen in his 60s who lives in London. His lawyer declined comment.

Since 2008, reports Efrati, U.S. prosecutors have been investigating whether Pittsburgh-based Alcoa was involved in bribing government officials in the Persian Gulf state of Bahrain in exchange for business in possible violation of the FCPA, according to people familiar with the matter.

Representatives of Alcoa and Alba, a Bahrain government-owned manufacturing company, said they are cooperating with authorities. A spokeswoman for the U.S. Justice Department and a spokesman for the U.K.’s Serious Fraud Office declined to comment.

Prosecutors now have private financial records that they believe show that from 2001 to 2005, a company controlled by Dahdaleh made several million dollars in payments to the personal bank account of a former Alba senior executive.

The criminal investigation involving Alcoa was triggered by a 2008 private civil lawsuit filed by Alba in the U.S. The suit, which sought monetary damages, accused Alcoa and Dahdaleh of conspiring to overcharge Alba for its purchase of thousands of tons of alumina, which is used to make aluminum. At the time, a spokesman for Dahdaleh said he would be “vigorously contesting” the charges. An Alcoa spokesman said the company would “vigorously defend” itself.

The overpayments totaled hundreds of millions of dollars over 15 years, Alba alleged. In exchange for the overpayments, Alcoa and Dahdaleh allegedly paid kickbacks to at least one senior official at Alba, according to the lawsuit.

Supreme Court Extends 6th Amendment Protections

The Washington Post reported a new Supreme Court opinion, Padilla v. Kentucky, which held that attorneys for immigrant criminal defendants must advise their clients that pleading guilty could lead to deportation.  In  7-2 decision (Thomas and Scalia dissenting, for those of you keeping score at home), the Court held that the Sixth Amendment guarantee of an effective counsel extends to advice about the risk of having to leave the country, in light of congressional crackdowns on immigrants who commit even minor crimes.

If you or a loved one face criminal charges, it can be confusing and intimidating.  You need an aggressive, experienced attorney who understands your rights.  Call the criminal defense attorneys at The McKellar Law Firm today for your FREE Consultation, at (865) 566-0125.

Atlanta Police Officer Arrested on Federal Gun & Drug Charges

If you need an aggressive, experienced criminal defense attorney to represent you on gun and drug charges, contact Norman D. McKellar today at 865-566-0125.

Media-Newswire.com – Press Release Distribution – PR Agency

ATLANTA, GA—LUCIUS T. SOLOMON, III, 31, of Atlanta, Georgia, a police officer with the City of Atlanta Police Department, has been indicted by a federal grand jury on drug and firearm offenses. SOLOMON made his initial appearance before United States Magistrate Judge Alan Baverman this afternoon.

United States Attorney Sally Quillian Yates said, “Any police officer who violates his oath to protect the community and instead takes part in criminal activity should expect the same outcome as a criminal. Corrupt police officers do not stand for justice. They stand for themselves. And the thousands of dedicated law enforcement officers who do their job every day will continue to work to weed out those who act corruptly.”

FBI Atlanta Acting Special Agent in Charge Kenneth Moore said, “It is extremely disheartening when a rogue law enforcement officer disregards his oath of office and chooses to engage in such criminal conduct as is alleged in the indictment of Officer Solomon. The FBI, however, understands the importance of maintaining integrity within the law enforcement community and the value of maintaining the public’s trust and that such acts by the few can often erode that much needed public trust.”

Atlanta Police Department Interim Police Chief George Turner stated, “I was outraged to learn that one of our own officers was engaged in illegal activity of this magnitude. In partnership with the Federal Bureau of Investigation, we cooperated fully in investigating and apprehending Officer Solomon. The Atlanta Police Department appreciates the investigation conducted by the FBI and making this indictment. This department will not tolerate any misconduct or illegal behavior by our sworn officers. APD will continue to sponsor and support any investigative initiatives that identify police officers who engage in illegal activity. This indictment should serve as a reminder to everyone including police officers that no one is above the law.”

According to United States Attorney Yates, the indictment and evidence presented in court today: On three separate occasions-October 30 and December 9, 2009, and January 23, 2010-SOLOMON attempted to aid and abet drug deals involving at least five kilograms of cocaine. In each instance, he knowingly possessed a firearm in furtherance of the drug trafficking crime. SOLOMON is also charged with attempting to broker a cocaine deal on or about March 9, 2010. At his initial appearance, prosecutors told the Magistrate Judge that SOLOMON allegedly provided protection for individuals he believed to be drug dealers and on March 9, 2010, he attempted to broker a five-kilo cocaine deal on behalf of individuals he believed to be drug dealers but in fact were undercover FBI agents. A bond hearing for SOLOMON has been set before Judge Baverman at 11:30 a.m. on Friday, March 26, 2010.

New Heath Care Fraud Provisions

From our friends in Atlanta, Kish & Lietz:

Health Care Fraud Provisions in Federal Bill Passed Last Night :: Federal Criminal Lawyer Blog

The Health Care bill that passed last night provides for additional funding to the Health Care Fraud and Abuse Control Program (HCFAC). This program was established as a part of the Heath Insurance Portability and Accountability Act (HIPAA) in 1996 “to combat fraud committed against all health plans, both public and private.” The HCFAC program coordinates federal, state, and local law enforcement actions with respect to health care fraud and abuse.

Section 1304 of the bill passed last night provides additional funding to the tune of $250 million between 2011 and 2016 to the HCFAC program. The HCFAC Account is funded by the Federal Hospital Insurance Trust Fund pursuant to 42 U.S.C. § 1395i(k). It covers the costs of:
(i) prosecuting health care matters (through criminal, civil, and administrative proceedings);
(ii) investigations;
(iii) financial and performance audits of health care programs and operations;
(iv) inspections and other evaluations; and
(v) provider and consumer education regarding compliance.

Now is the time to reevaluate compliance programs and prepare for an increase in health care fraud investigations and prosecutions.

If you are looking for a Tennessee Health Care Fraud Attorney, contact Norman D. McKellar today at 865-566-0125 for a FREE consultation.

Health Club Owners Charged with Healthcare Fraud

Health club owners charged – The ReporterNews: Serving North Penn, Indian Valley and neighboring communities

PHILADELPHIA – Mark Levin, Michael Karp and Raymond Brozek, a chiropractor, were charged today in connection with a $1.9 million scheme to defraud Independence Blue Cross, announced United States Attorney Michael L. Levy.

The charges allege that Levin, 64, and Karp, 39, both of Bala Cynwyd, were the owners of the Hatfield Athletic Club and Rehab One, a chiropractic and rehabilitation facility located inside the club, in Hatfield. It is alleged that Brozek, 57, of Telford, was a chiropractor hired by Levin and Karp to work at Rehab One from approximately 2004 through 2006. In addition to seeing patients at Rehab One, it is alleged that Brozek saw some patients at a gym located in the basement of Levin’s home, known as Rehab Two, and at the homes of Levin’s friends.

Between March 2004 and November 2006, it is alleged that Rehab One fraudulently billed Independence Blue Cross for chiropractic treatments that Brozek performed for the owners and employees of Hatfield Athletic Club, Rehab One and Rehab Two that were not medically necessary; that were purportedly supervised by Brozek; or provided directly by Brozek when he, Levin and Karp knew the services were not performed by Brozek or any other licensed medical professional; and for services the defendants knew were not reimbursable, according to a press release from the United States Attorney’s office.

It is alleged that Brozek prepared fraudulent pre-printed forms, known as “superbills,” for Hatfield Athletic Club employees and family members, who signed Rehab One’s patient log for purportedly receiving weekly chiropractic treatment, but did not receive treatment, according to the United States Attorney’s office.

If you need assistance with a health care fraud investigation or defense of federal crimes, contact Norman D. McKellar today at 1-877-482-9767 for a FREE consultation.

It’s Never A Good Idea To Bribe an IRS Agent

Woman charged with trying to bribe IRS agent

A woman facing a tax audit was charged in San Francisco federal court Thursday with bribery of a public official for allegedly giving $2,000 and a $100 Starbucks gift card to an Internal Revenue Service agent, court records show.

Kim Oahn Thi Tran, also known as Jennifer Kim Tran, faced a tax liability of more than $13,287 for the 2006 and 2007 tax years on unreported income of $30,334, authorities said.

In hopes of lowering her tax liability, Tran sent a package on Nov. 30 to IRS revenue agent Imad Hararah that contained promissory notes and a $100 gift card for Starbucks Coffee that read, “To Imad: Enjoy,” investigators said.`

On Dec. 8, Hararah met with Tran in Foster City, where she gave the agent an envelope that contained five $100 bills and a greeting card that said, “Thank you so much,” Special Agent John Hartman of the Treasury Inspector General for Tax Administration wrote in a court affidavit.

“Tran told Hararah that it was a gift for him and had nothing to do with the audit,” Hartman wrote. But later that day, after the agent told Tran that she still owed $13,287, she asked, “What about all the gifts that I gave you?” the affidavit said.

On Dec. 9, Tran gave the agent $1,500, authorities said. In exchange, Hararah gave her a phony document that made Tran believe that she had a zero balance for 2006 and 2007 tax years, investigators said. Tran signed two copies of the document, Hartman wrote.

If you need help from a Criminal Defense & Tax Attorney, contact Norman D. McKellar today at 1-877-4-TAX-SOS for a FREE consultation.

IRS Officer Charged in Tax Evasion Scheme

IRS officer charged in tax $1.2 million tax evasion scheme | Washington Examiner

An Internal Revenue Service officer and three other Maryland men have been accused of running a $1.2 million tax evasion scheme, according to an indictment unsealed in federal court in Greenbelt.

Potomac attorney Irvin Catlett allegedly orchestrated the scheme. The indictment says he paid IRS Revenue Officer Mark E. Hunt to provide taxpayer information and pose as Catlett’s “man on the inside” to convince clients that Catlett’s tax shelter scheme was safe from prosecution.

C. Andre Martin, the special agent in charge of the IRS’s criminal investigation service, wouldn’t directly speak about the case. But he told The Examiner that the IRS is “committed to protecting the integrity of our system of taxation” by threats from within the agency and outside it.

Authorities said Catlett, Walter Cullum and James Unterreiner convinced clients of Catlett’s company, Tax Resolutions Inc., to “invest” in three car sale companies. The investments, however, were really payments to Catlett for bogus tax losses that the car companies would claim to the IRS. They then prepared tax filings for their clients claiming the business losses on the clients’ returns. The indictment says Catlett, Cullum and Unterreiner would first determine what a client would owe on their taxes without the tax shelter, and then make the fake business loss large enough to reduce the clients’ taxable income to zero.

Hunt, prosecutors said, would display his IRS credentials during meetings with clients to assure them that he was an IRS employee who could protect them from the “inside.”

Catlett has been charged with fraud, obstructing IRS laws, and 10 counts of aiding and assisting in the preparation of false tax returns. He faces up to 38 years in prison. Hunt faces up to 13 years in prison for fraud and lying to an IRS investigator when he allegedly denied accessing a taxpayer’s account other than for official business. Cullum and Unterreiner face up to five years in prison on fraud charges.

Tax Resolutions Inc. clients have not been charged, authorities said.

“People who want to reduce their taxes should seek reliable and independent advice, and avoid con artists selling magical schemes that are too good to be true,” said Maryland’s U.S. Attorney Rod Rosenstein.

If you are looking for an aggressive Criminal Defense and Tax Lawyer, contact Norman D. McKellar today at 877-4-TAX-SOS.  Nationwide representation available.

IRS Workers Indicted For Theft

Covington IRS workers indicted | cincinnati.com | Cincinnati.Com

COVINGTON – Two IRS Service Center employees in Covington were charged Thursday in a 29-count indictment, accused of stealing thousands of dollars in money orders.

Joseph Ligon, 37, and Lashon Weaver, 31, both of Cincinnati, were indicted on charges of theft of government money.

The indictment alleges that from July 2009 to November 2009, Weaver stole $7,784.62 in money orders. The indictment also accuses Ligon of stealing $3,737.93 in money orders from June 2009 to October 2009.

The indictment also alleges that Ligon and Weaver, aided and abetted by each other, stole a $500 money order.

The United States District Court in Covington hasn’t set a date for the defendants to appear in court. If convicted of the charges, each defendant faces a maximum prison sentence of 10 years.

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